58. The representatives stated that on December 23, 2003, they presented a request to take part as a civil party. On January 20, 2004, the request was approved by the prosecutor, who recognized them as legal persons to act in the proceedings. 83 59. Based on the records gathered, on October 17, 2006, the prosecutor opened an investigation against the lieutenant and the corporal as possible perpetrators of the forced disappearance of serviceman Óscar Tabares. 84 The corporal and the lieutenant made their initial formal statements on November 7, 2006, and November 17, 2006, respectively. 85 On July 2, 2008, after taking various investigatory steps and concluding that the explanation given by the lieutenant, the corporal, and the National Army was “[...] not credible by the rules of sound judicial discretion,” 86 the Second Specialized Prosecutor’s Office of the National Unit of Human Rights and International Humanitarian Law Prosecutors ordered preventive detention for the presumed perpetrators of the crime of forced disappearance against serviceman Óscar Tabares. 87 The defendants appealed the decision, but their appeal was rejected on August 28, 2008. The order denying the appeal was confirmed by Designated Prosecutor 11 of the Designated Unit before the High Court of the Judicial District of Bogotá, and it noted that “[...] the inconsistencies, contradictions, and attitudes of the defendants” were “grave and egregious” in the extreme. 88 On November 6, 2008, the defendants were granted provisional release because their pretrial detention of 128 days had exceeded the maximum allowed by law. 89 60. From 2008-2009, the prosecutor issued several orders to close the investigation. However, motions for reversal were filed that ultimately prevented the investigation from being closed. 90 Furthermore, in 2009, the designated prosecutor on several occasions declared herself disqualified from continuing to hear the case, 91 until on March 31, 2010, she reassigned the investigation to Specialized Prosecutor 20 of the Human Rights and International Humanitarian Law Unit (hereinafter “Specialized Prosecutor 20”). 92 61. On October 20, 2010, Specialized Prosecutor 20 ordered the Unified Virtual Identification Center of the Prosecutor General of the Nation to carry out a Specialized Search Plan to find the remains of Óscar Tabares. 93 The plan was submitted on November 23 of the same year. 94 investigation against IRRP and ERR. File No. 463, October 17, 2006 (evidence file, folios 275–288); Record of grenade explosion simulation, September 20, 2008 (evidence file, folios 2961–2965); Record of grenade explosion simulation, August 21, 2009 (evidence file, folios 3012–3014). 83 Cf. Record No. 05-D2LMM of the Prosecutor General of the Nation, January 20, 2004 (evidence file, folio 2597). 84 Cf. Order opening the investigation against IRRP and ERR by the Office of the Prosecutor. File No. 463, supra. 85 Cf. Record of ERR’s initial formal statement before the National Human Rights and International Humanitarian Law Unit, November 7, 2006 (evidence file, folios 2866–2880; and IRRP’s initial formal statement before the National Human Rights and International Humanitarian Law Unit, November 17, 2006 (evidence file, folios 2882–2895). 86 The prosecutor pointed out the implausibility of the idea that a commander who has been the target of a murder attempt “[...] would allow the attacker to simply flee, when he has at his disposal a group of men he could have ordered to pursue him.” Cf. Order on the legal status of IRRP and ERR. Preliminary investigation 463. Bogotá, July 2, 2008 (evidence file, folios 27–66). 87 Cf. Order on the legal status of IRRP and ERR. Preliminary investigation 463. Bogotá, July 2, 2008 (evidence file, folios 27–66). 88 Cf. Decision on appeal of IRRP and ERR. File No. 463. Bogotá, August 28, 2008 (evidence file, folios 312– 356). 89 Cf. Decision on provisional release of IRRP and ERR. Preliminary investigation No. 463. Bogotá, November 6, 2008 (evidence file, folios 358–361). 90 Cf. Filing brief for motion for reversal, submitted by the Colombian Commission of Jurists, October 8, 2008 (evidence file, folios 2967–2971); Decision of the Second Specialized Prosecutor’s Office, April 20, 2009 (evidence file, folios 2985–2989); and Filing brief for motion for reversal, submitted by the Colombian Commission of Jurists, May 22, 2009 (evidence file, folios 2991–2997). 91 Cf. Brief of the Second Specialized Prosecutor’s Office declaring disqualification, July 22, 2009 (evidence file, folio 3004); and Brief of the Second Specialized Prosecutor’s Office declaring disqualification, December 24, 2009 (evidence file, folio 3038). 92 Cf. Order No. 0731 of the Prosecutor General of the Nation, March 31, 2010 (evidence file, folios 3040–3043). 93 Cf. Order of Prosecutor 20 of the National Unit of Human Rights and International Humanitarian Law Prosecutors, October 20, 2010 (evidence file, folio 3070). 94 Cf. Missing Person Search Strategy “Case of Óscar Iván Tabares Toro.” SAUNFJYP 13613. Bogotá, November 23, 2010 (evidence file, folios 3071–3082). 16